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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

I need help! My landlord!

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Old Oct 17th, 2007, 07:19 PM     #1
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Confused I need help! My landlord!

I have been issued an eviction summons. It states the total amount due is
662.00. It has been signed in front of a notary from my landlord. She is the
one that filled out the form for the eviction as well. I got served this by
a gentleman that came to my door. Today I recieved a letter from her in my
door stating that the amount due is 747.00. She says that everything is not
added when she filed the unlawful detainer to the court. She is saying I
need to pay the 747.00 or I will have to appear in court, yet the eviction
summons I was served says 662.00. Which amount do I need to pay?
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Old Oct 17th, 2007, 10:31 PM     #2
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Default Re: I need help! My landlord!

Some states will not allow the LL to place certain fees on the intial court paperwork. Back rent owed can be on the form, but some states do not allow a LL to add in the late fees, lease violation fees, insufficient check fund fees, or the cost of the eviction filing to the court summons. (An eviction for non-payment of rent is usually filed showing ONLY the rent owed, not the other monies owed.) Call your local clerk of court and ask if these fees must be excluded from a pay or quit or whatever the name of the form is you received. If these fees cannot be included in the initial paperwork (as I suspect is the case here), you still owe those fees. Those fees would be added into the paperwork for the monetary judgment forms filed later. If you fail to pay the other fees you owe, the LL may subtract these fees from your next month's rent, leaving you owing part of the rent, and allowing him to refile the eviction. Call the clerk, and if the answer is what I have posted, pay the total amount owed in order to stay in the unit.
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Old Oct 22nd, 2008, 12:34 PM     #3
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Default Re: I need help! My landlord!

Hi well here it goes i own my landlord the last mth and he is coming over almost every 3 days but anyways he was saying to me if i don't pay and i leave he is going to make mine and my b/f name bad in are town that we live in can he got to the news paper and do this? can i do anything about him coming over ? i also offered him 100 extra a mth for the last mth.
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Old Oct 23rd, 2008, 01:13 PM     #4
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Default Re: I need help! My landlord!

If you owe your LL the last month's rent, then pay him. He doesn't need to go to the newspaper to give you a bad name. All he needs to do is to sue you in small claims court (or eviction court if you still live in his unit). Once this court case is filed against you and your BF, it will remain part of both of your court histories. Any future LL who pulls up your court records will see these cases even if they are later dropped. Most LLs will not rent to applicants who have had eviction or judgement cases filed against them. This will effectively and legally "give you a bad name" in any LLs eyes. You will end up being denied housing because of it. If you owe him, pay him before he files this case against you to protect your good name.

Additionally, most LLs call the previous LL to check on your rental history. In most states, the LL is free to tell the prospective LL what your payment history is, what problems he has had with you, if you left the place clean when you moved out, etc. When you leave, you want the LL to be able to tell someone you apply with that you were a good tenant.
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